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Click here for the full text of this decision FACTS:This is an appeal from an order granting a plea to the jurisdiction filed by a governmental unit. Appellants, Ann Salas, individually and as next friend of Marina Tejeda, a minor, and Marcos Salas, individually, brought suit against Wilson Memorial Hospital District after the hospital notified Child Protective Services that it believed Marina was being sexually abused by a family member. Wilson Memorial Hospital District filed a plea to the jurisdiction asserting sovereign immunity. The trial court granted the motion and appellants filed this interlocutory appeal. HOLDING:Reversed and remanded. The Salases’ amended petition alleges that Wilson Memorial improperly used “vaginal culture testing equipment which was overly intrusive upon” Marina, causing Marina physical impairment and pain and suffering. Such an assertion properly states a claim involving the use or misuse of tangible property. The use or misuse of the vaginal testing equipment was a substantial factor in bringing about Marina’s injuries. Marina allegedly suffered physical impairment and endured pain only after Wilson Memorial used the vaginal culture testing equipment upon her. The Salases have therefore met the second requirement under Texas Civil Practice and Remedies Code �101.021 by showing that the use of medical equipment proximately caused Marina’s injuries. The Salases’ amended petition also asserts that Wilson Memorial misused tangible personal property by performing a test for sexually transmitted diseases when such a test was not warranted under the circumstances. Here the Salases essentially claim that Wilson Memorial misused information in Marina’s medical records to order testing for sexually transmitted diseases when such testing was not warranted. As stated in Univ. of Tex. Med. Branch v. York, 871 S.W.2d 175 (Tex. 1994), “the State has not waived governmental immunity for negligence involving the use, misuse, or nonuse of information in a patient’s medical records.” Because the Salases’ contention concerns the misuse of information in Marina’s medical records, immunity is not waived as to this claim. Like the plaintiff’s claim in Gainesville Memorial Hospital v. Tomlinson, 48 S.W.3d 511 (Tex. App. � Fort Worth 2001, pet. denied), the Salases’ allegation is that the hospital misused laboratory test results. As recognized in Tomlinson, such an assertion constitutes an allegation of use or misuse of information, for which the state has not waived immunity from liability. The Salases’ contend that the Legislature intended to waive the state’s sovereign immunity by not excluding “governmental units” of the state, e.g. hospital districts, from the requirements of �241.152 of the Texas Health and Safety Code. The court concludes that the Legislature did not intend waiver of immunity under Chapter 241. OPINION:Catherine Stone, J.; Lopez, C.J., Stone and Angelini, JJ.

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